MUNIYAPPA @ CHIKKAMUNIYAPPA Vs. SPECIAL DEPUTY COMMISSIONER

JUDGEMENT

(1.) The petitioner claiming to be the legal heir of the original grantee has filed the present writ petition seeking for an appropriate order to set aside the order dated 12.10.2009 (Annexure-G) passed by the Deputy Commissioner in Appeal No.SC/ST(A)98/2007-2008 whereby the appeal came to be allowed setting aside the order of the Assistant Commissioner thereby rejecting the application filed on behalf of the grantee for resumption and restoration.

(2.) The petitioner claims that land measuring 2 acres 4 guntas situated at Kannamangala Village in Bidarahalli Hobli, Bengaluru East Taluk, (previously Hoskote Taluk), Bengaluru Urban District was granted on 15.07.1935 in favour of the grandfather of the petitioner and it is stated that extract of the Saguvali Chit Register evidences the said grant. It is further stated that the first sale was executed on 30.03.1954 and there were further sales on 25.07.1960 and on 11.04.1973. The respondent No.3 claims to be a purchaser under the sale deed dated 11.04.1973.

(3.) The petitioner had filed an application before the Assistant Commissioner on 01.04.2005 seeking resumption and restoration claiming that sale deed was executed within the non-alienation period of 20 years which was the prohibition imposed while making the grant. The Assistant Commissioner had by his order dated 26.11.2007 declared the sale transactions to be void and ordered for resumption and restoration.